johannesburg. >> from across the bay to around the world, the stories that matter on kpix5 news this morning. good morning, it is monday, december 9th. i'm mark kelly in for frank who lost his voice. >> hopefully he gets rest. time now is 6:00. freezing temperatures are making for some dangerous driving conditions in parts of the east bay. >> kit do is live in orinda where we found patches of black ice. >> reporter: the chp is warning the black ice is on highway 24, eastbound, this is inside the caldecott tunnel. the good news is this is in the reverse commute direction. it's in the far right tunnel, far right lane. you'll see the little patch of black ice. probably about 10 to 15 feet wide and it stretches for just a little bit. this is coming off the water that is trickling down the

wall, so the ice is freezing very quickly out here, and then that water in the gutter probably stretching about 50 yards or so after that. a little bit of black ice out here. something to keep in mind this morning. to give you an idea of just how dangerous it can get out here, the t-shirt froze in about 15 minutes. any little bit of moisture that ends up on the road, because the wind is blowing 5 to 10 miles per hour t it freezes very very -- per hour, it freezes very very quickly. and explaining why i'm the only person out here and everybody else is in the building. >> you're doing this day after day, i think you're great at it. let's keep it going. and we have a couple freeze days coming our way as well. look at these temperatures, 20 degrees in santa rosa. 21napa. 27 degrees in san jose. so some very cold arctic air

continuing to settling overhead. the freeze warnings in effect not just today but again tomorrow. we're going to see a hard freeze developing again in the north bay valleys. by the afternoon, we'll have plenty of sunshine. that's not the problem. temperatures are going to be chilly, though, only about 49 degrees in the napa valley. 47 in concord. a lot of 50s inside the bay and out toward the coastline. let's check out your traffic now with elizabeth. and we will take you out toward livermore with the first reports of an accident. westbound 580 approaching north greenville exit. we don't have a whole lot of details. we are beginning to see slowdowns come canning off the altamont pass and you can see it contoing past va -- continuing past vasco road. traffic is not moving at the speed limit at the bay bridge toll plaza. they turned on the metering lights at 5:52 this morning. they have been on for 10 minutes or so, and now it's backing up toward the

overcrossing. pretty typical stuff there. not so typical if you're traveling eastbound or westbound 580. reports of black ice there, coming out of the caldecott tunnel. we called caltrans, they are putting sand down in order to work to clear it. it's pretty dangerous when that black ice starts to form because you can't see it. northbound 880 approaching 5th 5th, the off ramp remains closed for another half hour. a big rig hit about 6 to 7 of those big sand barrels, caused a bunch of debris to spill all over the roadway. just the off ramp remains blocked right thousand. b.a.r.t., system wide on time, no delays. ferries, caltrains and one and three on schedule. that's your latest traffic. back to you. people were slivering -- shivering throughout the bay area. >> just up, i'm bundled three layers down. good day to come ice skating. >> it's a great day to come ice

skating. >> what do you think of the cold weather. >> it's so cold. it's awesome. freezing. >> it's very cold, but amazing. >> it's so cold. there's ice everywhere. >> even with the sunshine, temperatures were down in the 40s in most spots. people working at this christmas tree lot had to bring out portable heaters and plenty of hot tea and cocoa to help keep warm. >> citrus farmers in california's central valley say they dodged the brunt of the storm that brought wind, rain and freezing temperatures. they managed to prevent crop damage by lighting fires and using wind machines as temperatures dipped into the 20s. >> monday morning commuters are contending with an icy drive in the mid atlantic region. the same storm that wreaked havoc in the midwest. heavy snow in pennsylvania yesterday slowing down drivers and sending cars right off the road. more than 8 inches fell in philadelphia, causing headaches for the motorists. >> the storm came out of

nowhere. it just hit us. honestly. >> all of a sudden it just bam, hit us and i'm slipping and sliding. >> the philadelphia eagles and the lions played in near white out conditions. crews worked through the game to clear the field. and the storm charging up the east coast is dropping snow and freezing rain. new york, boston, and big cities farther north are preparing for bad weather today. happening today, san diego's embattled former mayor is expected to be sentenced on sexual harassment charges. as part of a plea agreement, bob filner will get three years probation and three months of home confinement. he'll also have to undergo mental health treatment. filner resigned in august after more than a dozen women accused him of making unwanted advanced toward him. in october he pleaded guilty to felony false imprisonment and misdemeanor battery charges. a san francisco murder suspect is due in court today, 21-year-old ronny collins is charged in the shooting death of a man december 1. he lured

the victim to san francisco by offering to buy a video game console for him. the victim had posted the play station 4 for sale online. in other headlines around the bay area, investigators will be back out at a sonoma county park after a family stumbled upon human remains, a man and his two kids were in shiloh ranch regional park in windsor when the dad spotted a human skull in a tennis shoe yesterday. detectives were called out. since it was dark at the time, they had to secure the area to go back out this morning. a gun buy back event planned for this coming saturday in san jose is facing challenges. this is a crowd funded buy back. so far organizers haven't even reached the $5000 mark. they need $10,000 by tomorrow. oers say every $100 will take -- organizers say every $100 will take one gun off the street. lieu wolf plans to continue a ballpark in san jose despite

a set back. a court document revealed baseball commissioner bud selig sent a letter of rejection. he was not satisfied with the a's relocation proposal. a court hearing is set friday regarding the city of san jose's lawsuit against major league baseball. police say there were no major incidents at san francisco's candle stick park between the 49thers and the seattle sea hawks. the extra security included officers disguised in sea hawks jerseys, monitoring the crowd inside and outside the stadium at all times. >> i have heard the area can be not so safe but i feel totally fine. we have been walking for a while, too, so we're good. >> police arrested 23 people. 19 of them for drunkenness. the true test comes on december 23rd, the 49ers last regular season in san francisco. san ha rosa police are serge -- santa rosa police are searching for a man who used a

hypodermic needle. the robber wore a bandanna and threatened an employee with the needle before leaving with the cash. and federal investigators will question experts and is witnessed in washington this week to get pinpoint, what caused the asiana airlines crash at sfo. the hearings on tuesday and wednesday will focus on problems with the planes throttle and communication issues. they will also look at a broader issue, the relationship between pilots and their aircraft when many controls are automated. four u.s. presidents are headed to south africa to pay final respects to civil rights legend nelson mandela. president obama and first lady michelle obama departed on air force one just a short time ago. tomorrow's memorial service will also serve as a rare reunion for nearly all of the living american presidents.

kpix5cate courigan is in the news room. a real security challenge. >> reporter: 8000 mourners are expected to attend the memorial and authorities say thousands of police officers will be on hand. right now, a memorial outside of mandela's former home is growing as well as a crowd of south africa's that have come together since the death. >> police are preparing today for a memorial service for nelson mandela at a johannesburg soccer stadium. president obama leaves this morning for south africa where he'll attend the massive public memorial. former president's bush, clinton and carter will also be in attendance along with more than 50 heads of state, making it one of the largest gatherings of world leaders in recent history. >> this is a test for us. >> reporter: the head of south africa's national defense force says the country is prepared for the challenge of equipping the dignitaries -- of keeping the dignitaries safe. >> we believe that probably a

billion people will be watching how south africa will perform. >> reporter: south africans of all races and religious backgrounds saying prayers for the man credited with uniting a country once bitterly divided. and the singing rang loud here in the bay area at san francisco's memorial yesterday. several showed up to joyfully honor the anti-apartheid leader. >> this is the beginning of a series of events planned all week in south africa. it kicked off with yesterday's national day of prayer for the leader. reporting live. kpix 5. time is 6:10. the severe weather could put a damper on the holidays. why it may take longer for presents to get under the tree. and icy roads causing major problems. one huge pile that acceptability close to 50

people -- sent close to 50 people to the hospital. frigid temperatures in the bay area. some numbers in the low 20s. when might things begin to warm up. we'll talk about that coming up. and a new accident coming in. three lanes are blocked right now on westbound highway 4 in bay point approaching bailey road. several cars involved and a big rig. we'll have the latest on that. first, we still want to know what drives you crazy during your commute. ask the question by e-mailing us at crazy @ kpix.com. or tweet me. and watch if your question gets answered on air. we'll be right back. ♪ [ male announcer ] this december, experience the gift of exacting precision and some of the best offers of the year [ ding! ] at the lexus december to remember sales event.

[ male announcer ] this december, experience the gift of unsurpassed craftsmanship at the lexus december to remember sales event. some of the best offers of the year. this is the pursuit of perfection. oliday shopping se the harsh weather hitting much of the nation is causing shipping delays, smack in the middle of the holiday shopping

season. it's all because of the dangerous driving conditions. wal-mart had its truckers take extra goods to stores ahead of the storm while amazon and fedex are notifying customers that packages may arrive a day or two late. three salvation army bell ringers have turned this holiday tradition into a new record. each with 105 consecutive hours of ringing. the three men from the san diego area, minnesota and texas, are among thousands who donate their time across the country. let's take a look at what's trending. christmas, of course, is trending. it's coming up very fast. also trending now, the grammies nominations are out. jay-z leads the pack, mandela memorial. dozens of world leaders, including president obama and michelle obama are headed to south africa for the memorial. and the 49ers beat the sea hawks in the second to last game at candle stick park and this winter storm is also trending at had hour.

follow us on twitter at cbssf. let's question get -- get a check on the road. >> people were nuts in san francisco. and i didn't know what was going on o until i saw they were wearing the same thing, 49ers jersey. we are getting word of a bad accident, westbound lanes of highway 4. we learned from chp, a big rig was not involved in the crash, but up to five cars were. you can see the delays coming out of antioch. it's out of bay point with the biggest delays. three lanes blocked, that's a rough commute any way. and black ice reported eastbound lanes of 24 in orinda. callcaltrans crews have been working to clear it. and approach approaching a live look at the bay bridge toll plaza metering lights for 20

minutes. typical stuff right now, heading into the san francisco from the east bay, and speaking of the east bay, here's a live look at oakland northbound. that off ramp remains closed. that traffic alert remains in effect until 6:30. it's not a traffic alert. that has been canceled. off ramp remains blocked. that's your latest traffic. it has been day after day of cold it temperatures, freezing temperatures. you have the cold arctic air. we're seeing an offshore wind. a dry wind and that allows the temperatures to head down in a hurry. clear skies over the bay and the rest of the bay area. looks like it's going to stay that way. 20 degrees in santa rosa. 27 in san jose. 36 into san francisco and 34 in livermore. 36 in oakland and 34 degrees in concord. how about this, kathy is showing her temperature at 21 degrees. very cold temperatures all around the bay area this

morning. i think by the afternoon, still on the chilly side. plenty of sunshine and that cold arctic air a continuing to sit overhead. that will keep the numbers down. the good news, finally slow warming head, into wednesday. temperatures about average. not today and tomorrow. that cold arctic air continuing to roll in the bay area. one more night of freeze warnings. around the state, 40s into the central valley. 33 degrees near freezing for a high in lake tahoe. and around the bay today, you'll see the temperatures running up in the 40s and 50s and the south bay. plan on low 50s as you make your way inside the bay with plenty of sunshine at the coast. the next couple of days, warmer weather, 60s by wednesday. and then it looks like even warmer temperatures over o the weekend. by the way, looks like the sunrise at 7:14. sunset 4:51 guys. >> we needed to warm up. frank lost his voice.

>> he wanted to get well so he could be here tomorrow morning. we like having you here. >> appreciate it. new this morning, icy roads are blamed for a multicar pile up today in new york state. it involved at least two o -- two dozen cars on the bronx river. their injuries range from minor to serious. >> and that's a small plane parked on the side of the road there in orange county. the single engine plane made an emergency landing on the roadway yesterday afternoon. there were two people on board at the time. they are doing fine. all lanes of the toll road had to be closed down, though, for the landing and then to tow away the plane. that took about 6 hours. well, it was a cold day for fans in the stands at the ravens vikings game in baltimore, but the players didn't let the snow vote them down, the -- snow slow them down, the game winning touchdown, next. and an amazing shot that

had tiger woods flying. the 49ers can beat a winning team. a huge victory, coming up. and what's cool about your school, we want to know, you can e-mail your nomination to us at coolschools@kpix.com. we may come and feature your school on the show. ,,,,

...are the hands that do good things for the whole community: the environment, seniors, kids, and animals.

that's why we created the share the love event. by the end of this year, the total donated by subaru could reach 35 million dollars. you get a great deal on a new subaru. we'll donate 250 dollars to a choice of charities that benefit your community. it feels good to be a helping hand. . we've got all that cold arctic air diving into the bay area. temperatures down low 20s in some spots. when might we warm things up. we'll tell you about it coming up. and back ups are getting worse toward the dublin interchange. we'll have the latest travel times, here, and the latest reports on black ice.

full traffic report coming up. the 49ers can now say they have beaten a quality opponent and more importantly they can say they have beaten the seattle sea hawks. this is a great time for the biggest run of the year. 51 yards, gore goes over 100 yards. that will set up phil dawson for the chip shot, game winning field goal with 30 seconds left. the 49ers take down their nfc west rivals since 1917. the raiders played like the bad news bears. nothing went right. raiders fall 37-27 to the new york jets. calls. brawn got a thick shop. thousands oaks, johnson with the miracle drop shot. he needed this to stay alive against tiger woods and he did. even tiger had to smile at that

one. forces the playoff. in the playoff, tiger putting to stay alive. no, doesn't go. tiger woods loses to zach johnson, the shoe on the over foot. tryinger is is not used to that. he had a four shot lead with 8 holes to play and he lost it. that's it everybody. i'm dennis o'donnell. we'll see you tonight. this was something, play of the day from snowy baltimore maryland. the ravens were down with 10 seconds left in regulation. when baltimore's caught the joe flacco pass. it turned out to be the winner. pasadena on new year's day. 4th ranked michigan state, secured a spot after beating ohio state on saturday. the number 5 stanford will be back in pasadena for the second straight season. 6:25 now. it it's been a month since

typhoon haiyan hit the philippines and nobody's sure exactly how many people are dead, the number of people still missing. we got black ice in the caldecott tunnel. i have a live report coming up. ,,,, [son] all right,she has no idea. [man] no one told her,right? [son]hi!

[mom screams]

anne. this is kpix 5 news. president obama and the first lady are on air force one on their way to south africa at the nation continues to mourn the loss of civil rights legend nelson mandela. the clock is ticking. the senate has less than half hour to vote. the debate happening today.

arctic air back to the deep freeze again this morning. some of these temperatures hovering down low 20s. more on that coming up. and we're seeing major delays after a multicar crash. blocking up to three lanes on westbound highway 4. the freezing temperatures are causing some dangerous driving conditions can this morning. let's go tout to kiet do, he's live in o linda. you have seen black ice on the roads. >> reporter: yes, we are live. and the chp warned of black ice early this morning, and we found it inside the caldecott. this is a far right tunnel in the rare right lane. if you look closely, there's a patch of black i10 to 15 long, coming from the water dripping down the side of the tunnel. it went onto the roadway and it froze, and then that water continued to go down the gutter and then that water probably froze for another 50 to 75 yards as well. so cold conditions out here,

sub freezing temperatures. in fact, when the wind is blowing out here, probably 10 to 15 miles per hour, check this out. this t-shirt froze within 10 to 15 minutes. this gives me some idea of how quickly the moisture, once it gets on the ground, it can freeze and cause black ice. we are hearing reports that caltrans is out there. we put sand and salt to improve the condition. we're going to check it out for ourselves. for now, we are live in orinda along highway 24, where there is reports of black ice. here now with the forecast is lawrence karnow. >> that's what's scary, you can't see the black ice, come under an underpass and all of a sudden your car starts sliding off the road. we have cold temperatures again this morning, down into the low 20s. can you believe that. again, at santa rosa and also into nap pa. 31 degrees in san rafael. and 37 degrees in san francisco. freeze warnings of course are up for everywhere, except for san francisco. looks like we may see one more

night of the deep freeze. then i think the temperatures are going to moderate. for now, the bitter cold continues for the bay area. by this afternoon, skies mostly sunny. temperatures until the 40s and the 50s. so warmer days are ahead. we'll talk about that in a moment. check out kcbs traffic with elizabeth. our problem spot is the bay commute on westbound 4. a long continuous brake lights beginning in antioch. there's a multicar crash approaching bailey road exit. a person was thrown from their vehicle, but we understand from chp, they are up and walking around. at this point, just three lanes blocked. obviously that can cause a huge delay, though, heading out towards concord. heads up there. here's a live look outside now. bay bridge commute. typical stuff. the metering lights were turned on around schedule, at 6:00. close to the foot of the maze beyond the 880 overcrossing and speaking of 880. here's a live look at the oakland coliseum.

everything looks good here. we have the offramp blocked. waiting for word on when they're going to reopen. it was supposed to reopen around 6:30. there was an earlier accident where a big rig struck sand barrels and a quick look at the dublin interchange. busy approaching hacienda. and that's your latest traffic. back to you. good morning. it is monday december 9th. i'm mark mark kelly in for frank. >> i'm michelle griego time is 6:33. president obama and three of his predecessors are heading to south africa to attend tomorrow's memorial for nelson mandela. kpix 5's cate cauguiran joins us now from the news room with more on the week of events in honor of the civil rights legend. >> more than 50 heads of state will be in attendance making it one of the largest gatherings of world leaders in recent history. south african police officers are tasked with ensuring it is a secure memorial.

11,000 soldiers have been deployed around the country to protect those mourners. about 80,000 people are expected to attend and the head of south africa's national defense force says the country is prepared for the challenge of keeping so many dignitaries, safe. the week long events honoring the anti-apartheid leader kicked off yesterday with the national day of prayer. at one ceremony, mandela was remembered by the man who succeeded him as south africa's president. >> what he and his generation were able to do, to memorialize millions of our people to engage in struggle, to eninjustice of apartheid. >> president obama and first lady michelle obama will attend a public memorial service for mandela tomorrow in johannesburg. former presidents jimmy carter, bill clinton and george w bush also plan to tend with their waves. then mandela's body will -- wives. then mandela's body will lie in state for bureau.

and we have a live -- burial. >> and we have a live picture outside his home. we have seen more of that mourning here also in the bay area, we know over the past weekend at glide memorial, there's a group of people there doing a joyous ceremony for the leader. reporting live in the news room, cate cauguiran kpix 5. mandela's family issued a statement this weekend saying they were humbled and grateful for the outpouring of support from governments and people around the world. new this morning, the philippines government has released a new death toll from typhoon haiyan. almost 6000 people are now confirmed dead and more than 1700 people are still missing. nearly 12 million people were affected by typhoon haiyan. a stanford medical team is back home after spending two weeks in the philippines, helping with the relief efforts there. they worked six days a week, treating about 200 patients a day. they say the weather made

things difficult and while they were there to provide medical and emotional support. >> just been listening about the stories and i think they feel good. our presence makes them feel good, and they're very grateful for that. >> members of the team say while the devastation is widespread, they saw rebuilding taking place. and say the spirit of the filipino people gives them a sense of optimism. hearings today in australia indicate the army had a role in starting a big brush fire in new south wales in october. a training exercise, and after the fire started a tanker truck's fire hose was too short. today, witnesses describe unexploded bombs going off and shrapnel whistling over their head. the palo alto man detained in north korea is back home, and said he spent most of his

time in a hotel room. merrill newman was taken into custody a month ago. he tells the santa cruz sentinel, he was well fed and kept comfortable. when asked about his televised apology, newman said that's not my english. he added his wife controls his passport. happening today, the senate will debate whether to extend a law regulating plastic firearms before it expires tomorrow. the law mandates every plastic gun have a piece of metal attached to it so metal detectors and x-rays can spot a weapon. gun control advocates want an extension for another decade. they say the law has added importance because of the availability of these 3d printers. cars, flowers and a whole lot of fans. and the market just opened t take a quic why this tribute to actor paul walker drew thousands of o people. and the market opened 10 minutes ago. let's get a quick look at the

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walker--organized entirely online--drew a huge turnout today. a a memorial for actor paul walker, organized entirely online drew a huge turn out today as there is concern the crowd might get out of control. >> reporter: paul walker fans came from all over in modified cars. they mourned. they revved their engines and they left. fans call it a fitting tribute to the star and his friend roger roda is. two men car enthusiasts believe

is racing in paradise. this is what it looked like late in the evening. at points traffic stretched onto the freeway. massive cars with souped up engines and no real trouble. >> today things went well thanks to cooperative people and there were at least 5000 people that came out and nearly 2000 cars we estimate. >> reporter: all here for an unsanctioned event to remember the two men killed in this fiery crash 8 days ago. in this the age of social media, friends told friends to come pay tribute to the fast and furious star: word quickly spread. no way to know how many people were coming and deputies were left to guess how to deal with the onslaught of mourners. >> we saw event after event showing up, especially on facebook and ultimately found at least 13 facebook pages that i saw as well as some other sights that they were talking about planning oncoming here today. >> reporter: the sheriff's department brought in extra deputies and volunteers, they

closed lanes and streets to help prevent gridlock, all while fans revved engines. signed memorials and thanked paul walker for his charity, his movies and their memory. >> paul walker inspired us and we want to send our love to him. >> the fast and furious six will be released on dvd this tuesday. some of the proceeds will be donated to his charity reach out worldwide which benefits people struggling after natural disaster. an improvement in the nation's jobs picture continues to have a positive effect on the markets. >> here now is kcbs raid you financial reporter, jason brooks. >> good morning mark and michelle. that report on friday from the labor department really stimulated the stock market in a big way, pushed the dow over 16,000, s&p over 1800. it was a nice reception because we have seen solid economics turn into el is -- into selling on o wall street as that will lead the reserve to taper bond

services. that's a given. should happen by the first imparter of -- quarter of 2010 2014. it's going to be good for everybody down the long road. the market off to a decent start. let's look at the big board and see how things are going. dow up by 8 points. nasdaq gaining 11. s&p up by 3 points. back to you. >> jason from kcbs news. thank you very much. time is 6:44. let's get a check of traffic with liz. >> and we did get an alert about the traffic alert in effect because of a multicar crash blocking three lanes. they can they are going going to be blocked for a half hour or more. you can see, it is a rough ride. it begins in antioch and continues all the way out towards that bailey road exit. once you get past bailey. things look okay, out towards willow past and black ice all over the bay area. this is coming in southbound 101 near lincoln.

this out in marin county. and kiet do our reporter has been out life in o linda -- orinda. this is near the caldecott tunnel. be extra careful on the roads this morning. you can't see it when you come upon it. take it a little extra slow. through the macarthur maze, westbound 580 580 approaching 24. look closely, on the other side of the screen, you'll notice the ac transit bus involved in the accident was cleared out towards the east parking lot approaching the bay bridge toll plaza. looks like a fire crew is out there as well. anyway, at the main lanes of the toll plaza, traffic stacks up into the foot of the maze and delays beginning in berkeley as well. that is your latest kcbs traffic with more on the cool forecast. when is it going to end. >> when will the cold snap end, not just yet. in fact if you're headed out o this morning, the these temperatures taking a nose dive. the cold arctic air and see the clouds moving from the

coastline. that's the offshore wind, tending to dry out the atmosphere. temperatures can fall off in a hurry. clear skies and very cold temperatures in spots. 20 degrees even right now in santa rosa. 27 in san jose. 36 in san francisco and 34 degrees in livermore. so a very cold start to the day. by the afternoon, we'll see plenty of sunshine. the temperatures still on the chilly side and slow warming ahead, may be back to normal. cold air continues to make its way down in the area, high pressure showing signs of building in the next couple of days. temperatures of 50 degrees. if you are headed around the country, stormy weather in new york. a couple delays there. check on your airlines if you're headed in that direction. 21 in denver. and 52 degrees and showers into houston. around the bay, we'll see temperatures in the 40s and 50s in the south bay. a lot of 40s into the east bay

this afternoon. very chilly chill there. and then starting to warm up on tuesday and wednesday. thursday and friday, clouds come our way, staying dry into the weekend. back to you. here in california, police collect dna samples of anyone arrested for felony even if they are never charged with any crime. the samples are then put into a data base for future reference. judges in san francisco will consider whether that violates the institution. political analyst and attorney melissa griffin cane joins us with a look the the debate. good morning. >> good morning. today is an exiting day. eleven judges, this is really rare. they only do this in extraordinary circumstances. eleven judges will hear arguments in a case that regards dna collection. i'll tell you the story of one of the plaintiffs, elizabeth haskell in 2009 was protesting the iraq war in san francisco

when she was arrested for allegedly attempting to free another protester who had been taken into police custody can. police take her downtown, book her and at the time they demand a dna sample. at that point they actually let her go. no charges were filed. still, though, that dna sample gets put into the combined dna index system, the nationwide dna system. and she says i'm completely innocent, you didn't bring charges. this is a violation of the o u.s. constitutions guarantee of unlawful search and seizure! what actually happens when police take your dna. >> for those of you like mark who are not law and order fans, they use something called a buckle swab, a k q tip and scrape the inside of the cheek, and sent the q tip head to a laboratory here in richmond. at that point they use 13 what

they call junk markers which are dna markers that identify a person but don't actually contain medical history or information and that goes into, again, to the coda system. at that point all this sort of information that they have about current criminal cases and their genetic materials are weighed against the dna profile that you have and they do that every week, subsequently. getting into the system is no small matter, especially for someone who has not been charged with anything! once in the data base, can a person get out. >> they can, and one of the things the state argues is hey, we have this procedure for people who never actually were charged with anything to get out. haskell's attorney say this is an onerous procedure and you don't get legal representation. you have to get out if you're aware of the procedure and hire an attorney to help you do it. they say that is not really an option at all. >> what's going to happen at the hearing later today. >> like i said, 2009 is when this got started.

maryland, who has a similar case, they take dna samples at the time of booking, maryland's case is challenged through the courts up to the united states supreme court and back in june of this year, the u.s. supreme court said this is not that different from photographing or fingerprinting sox we're going to say this is totally constitutional. what's going to happen, the states attorneys are going to say california's law is like maryland's law. it's just as constitutional based on the u.s. constitution. haskells are saying it's very different. in maryland you can get out of o the data base automatically if you're never charged with anything. there are important distinctions between them. that's what they're going to be arguing. you can watch yourself online today at 2:00 p.m. at the 9th 9th circuit's web site, ca 9. u.s. courts.gov. 11 justices, it's exceptional, and we can all watch it if so inclined. >> very interesting. and you can find nor segments on kpix 5/mornings. now time for a look at

what's coming up later on cbs this morning. >> charlie rose joins us from washington d.c. good morning charlie. >> good morning michelle and mark, ahead we're broadcasting this morning from the wonderful smithsonian american art museum and national portrait gal in washington. senator john mccain and claire mchaskell will be here, and talking about iran, and american troops in afghanistan and other things, and inside the kennedy center honors, celebrating some of the country's most infunchal artists. -- influential artists. the news is back in the morning. see you at 7. >> sound great. we will see you at 7. thank you. thank you very much. time is 6:51. a meningitis vaccine available for the first time in the u.s. the outbreak that got so bad at one college, the fda gave it special approval. black ice on the caldecott

tunnel in orinda. i'm kiet do. we have a live report coming up. ,,,,,,,,,,,,,,

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morning to pay his final respects to nelson mandela. former president . five things to know at the 55. president obama is heading to south africa this morning to pay his final respects to nelson mandela. formers presidents bush, clinton and carter are also expected to be there. tomorrow's memorial o service will be held in a large stadium in johannesburg. mandela's body will lite in state nor three days in pretoria, and he'll be buried on sunday in his hometown. hundreds of thousands of

ukrainians are protesting against their government. in favor of closer ties with russia. well, in response, the protesters tore down a statute of vladimir lenin. they say they will keep up the protests until ukraine's president steps down. san diego's embattled former mayor is expected to be sentenced on sexual harassment charges as part of a plea agreement bob filner will get three months probation, and months home confinement. and otherwise unapproved vaccine is available for the first time at princeton university. the university has reported 8 cases of meningitis b since march. in response to the outbreak, the fda gave princeton special approval to distribute a vaccine to students. well, the vaccine is used in europe and australia. it is not otherwise approved for use in the u.s. snow and freezing rain are causing problems for much of the northeast this morning.

freezing rain stretches from philadelphia up the i-95 corridor through new york to boston. on sunday, snow was the biggest problem. the snowstorm was stronger than expected with as much as a foot falling in some areas. kpix 5 kiet do joins us live from orinda where we don't have snow, but apparently some icy roads this morning. >> reporter: yes, the chp was warning of black ice on highway 24. we had to come and check it out for ourselves, and these are the eastbound lanes coming out of tunnel. we have video of that patch of black ice. check it out. this is in the far right lane of the far right tunnel. it's about a tenth of a mile, as soon as you enter into the tunnel. look very closely. there's a patch of it. it's darker than the rest of the asphalt there. 10 to 15 feet long. coming from the water drifting down the side. the water then continues to go down the gutter for another probably 75 to a hundred yards. so there's a good bit of ice

out there. we are getting reports that caltrans came down and put salt and sand on that patch of black ice. we drove out there 15 minutes ago. we did not guilty see that happen -- not see that happen yet but it's easy. they have to drive out there, lay it down. it should go quickly. to give you an idea of how cold it is, it's below freezing. wind is blowing pretty good. t-shirt froze in 15 minutes. any bit of moisture on the road freezes very quickly and that's why black ice can be such a problem out here in the caldecott tunnel. we are live on highway 24 on the eastbound side, kiet do kpix 5. a good reporter puts that t- shirt on. i want to see that next time. >> i agree. >> folks around the bay area, very cold temperatures, 21 degrees in napa. 221 in santa rosa. by the afternoon, we'll see sunshine. we're going to need it. freeze warnings up today, and

probably for one more night. and then i think things more normal as we head toward the latter part of the week. temperatures in the 40s and 50s. chilly afternoon, the next few oidias, warmer weather -- few days, warmer weather. >> put that t-shirt on and let's see. >> he's been doing morning live shots how long. >> he loves the weather. >> probably so gad he came to mornings. let's go live to bay point. we have this crash. five cars involved. there are injuries reported. now just two lanes are blocked. i want to show you the traffic sensors for the highway 4 commute. rough going from antioch all the way towards bailey road. a busy newt commute anyway. extra gridlock. northbound 880 by 5th, they were able to reopen the off ramp, pretty typical conditions in oakland. >> thank you liz. >> mark thanks for stepping in. frank lost his voice. mark stepped in. it's been great.

>> we hope he's back tomorrow and resting up right now. >> hopefully getting rest. have a great day, everyone. >> bye bye. in the west. it is monday, december 9, 2013. welcome to "cbs this morning" from washington. if you're traveling your flight could be. more than a thousand delayed today. snow slammed the area. >> the effort to honor nelson mandela and protect the 70 world leaders coming to pay respects. >> inside kennedy center here in washington d.c., the star studded tribute for five national treasures. >> we begin with a look at today's eye opener, your world in 90 seconds. >> i don't like